ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of July 28, 2016 No. 348

About approval of standard form of the trust management agreement of voting shares (shares in the authorized capital) the authorized company

According to the subitem 7) article 5 of the Law of the Republic of Kazakhstan of April 7, 2016 "About equity in housing construction" PRIKAZYVAYU:

1. Approve the enclosed standard form of the trust management agreement of voting shares (shares in the authorized capital) the authorized company.

2. To provide to committee on cases of construction, housing and communal services of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) the direction of the copy of this order in printing and electronic type on official publication in periodic printing editions and information system of law of Ad_let within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan, and also in the Republican center of legal information within ten calendar days from the date of receipt of the registered order for inclusion in reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of national economy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

4. This order becomes effective since October 10, 2016 and is subject to official publication.

 

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of July 28, 2016 No. 348

Standard form of the trust management agreement of voting shares (shares in the authorized capital) the authorized company

city _____________ "___" _______ 20 ___ years

________________________ (further - the Trustee) on behalf of ________________ acting on the basis _______________________, on the one hand, and ____________________________ (further - the Founder) on behalf of ___________, acting on the basis _____________________, on the other hand, jointly the referred to as Parties, based on the Law of the Republic of Kazakhstan "About equity in housing construction" of April 7, 2016 (further - the Law), in view of that the Founder is the single shareholder / participant of the Authorized company providing construction of the apartment apartment house and realization of shares in the apartment apartment house _________________________ (further - the Project) by fund raising of shareholders, considering that the Trustee will provide to the Authorized company completion guarantee of construction of the Project, signed this agreement (further - the Trust management agreement) as follows.

Chapter 1. The terms and determinations used in this Agreement

1. The authorized company – Joint-stock society / Limited liability partnership "___________", business and identification number (further – BIN)____________, the reference (certificate) on state registration of the legal entity No. ___________, issued ___________________ from "___" _________ years;

Legal address of the Authorized company: _________________.

Actual address of the Authorized company: _________________.

2. Warranty case - the event or set of events determined by the Law with which approach the Single operator of housing construction has obligations on completion of construction of the apartment apartment house and responsibility to shareholders under the agreement on provision of a guarantee for equity in housing construction.

Chapter 2. Subject of the agreement

3. Subject of trust management are voting shares (shares in the authorized capital) the Authorized company, belonging to the Founder.

The subject of trust management is delivered in trust management to the Trustee according to the procedure and on conditions, stipulated by the legislation the Republic of Kazakhstan and this Agreement.

4. Characteristic of the subject of the agreement of trust management:

For joint-stock companies:

name of joint-stock company: _____________;

type of shares: ______________;

number of shares: _______________ pieces;

share par value: _______________ tenge;

percent of share of the Founder in the authorized capital – ___ %;

National identification number (further – NIN): _________________;

The international identification code of security (further – ISIN): _____;

form: paperless;

registrar _____________.

For limited liability partnerships:

the name of limited liability partnership – ____________;

percent of share of the Founder in the authorized capital – ___ %;

nominal value of share (contribution to the authorized capital) – ____________;

the registrar – ________________.

5. The founder pays to the Trustee remuneration in the amount of 100 (hundred) tenges a year which is paid regularly, quarterly based on the invoices for payment which are made out Trustees.

6. The subject of trust management is subject to accounting by the Trustee separately from the property belonging to it.

7. The basis certifying the Trustee's right to implementation of trust management of the Subject of trust management is the Agreement.

8. The founder confirms that the Subject of trust management for date of its transfer to the Trustee:

1) is not in pledge;

2) it is not encumbered with the third party rights;

3) it is not offered for sale.

9. Transfer by the Founder Predmeta of trust management does not attract transition of the property right to the Trustee.

10. Beneficiaries under this agreement are the Founder and shareholders of the apartment apartment house which non-execution of obligations on construction entailed approach of the Warranty case according to the Law.

Chapter 3. Rights and obligations of the Parties

11. The founder has the right:

1) to obtain information (report) on activities of the Trustee on management of the Subject of trust management on the written request, but no more once a quarter;

2) on demand to obtain information on activities of the Authorized company, including to receive financial, accounting and other reporting of the Authorized company;

3) to receive dividends for the Subject of trust management delivered in trust management;

4) to make other actions provided by legal acts of the Republic of Kazakhstan.

12. The founder shall:

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